scholarly journals But Where's the Contract? A Tribute to Professor David McLauchlan

2011 ◽  
Vol 42 (1) ◽  
pp. 3
Author(s):  
Amelia Keene ◽  
Sarah Leslie
Keyword(s):  
Real Estate ◽  
Case Note ◽  
The Real ◽  
The Real Estate ◽  
Personal Recollection ◽  
Contract Formation ◽  
Legal Arguments ◽  
Real Estate Agents ◽  
The Right ◽  
Legal Right

This article is a tribute to Professor David McLauchlan on the occasion of his 40th teaching anniversary. The first part is a personal recollection from each of the two authors. The second part is a joint case note.  It poses the question: how could a real estate firm who knew the vendor did not intend to appoint the firm as agent nevertheless have a legal right to withhold commission? In the decision of Nightingale v Barfoot Ltd, Venning J confirmed that the firm had such a right.  This article challenges the accuracy of that conclusion, suggesting that as there was no evidence to support the formation of an agency agreement, the real estate firm did not have the right to deduct commission. It analyses critically a number of the legal arguments raised in the case and those that should have been raised, including those concerning contract formation, the objective principle, promissory estoppel, and the effect of s 62 of the Real Estate Agents Act 1976 and the Contracts Privity Act 1982.  Much responsibility for the outcome of the case must be pinned on counsel for the vendor, who failed to stop and ask himself "But Where’s The Contract"?

scholarly journals Urban Heritage as Ethos in Resource-Based Small-Scale Property Management

2019 ◽  
Vol 11 (19) ◽  
pp. 5354
Author(s):  
Ingrid Martins Holmberg
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
Small Scale ◽  
The Real ◽  
The Real Estate ◽  
Construction Market ◽  
Urban Heritage ◽  
The Real Estate Market ◽  
Set Up ◽  
The Right

This study puts urban heritage in the setting of property owners’ small-scale and resource-based management of ordinary old buildings. This phenomenon indicates a need not only to reconceptualize urban heritage in its actual complex web of negotiations over constraints of the regulation (urban planning, including preservation) and economy (the real estate market) but also to pay attention to the emergence of a new ethos. The case concerns a Swedish second-city context and the specific moment in time: When the 1990s recession had disarmed the real estate market. Based upon ethnographic fieldwork, this study used an assemblage perspective to allow for a following of entanglements of material and matter. The study sheds light upon the emergence of a small-scale and resource-based management in the midst of managerially defined cycles of investment. Important for the output was 1) the set-up of a network of skilled craftsmen, antiquarians, and entrepreneurs ‘of the right mindset that enabled for the authentic material result but that also helped navigate regulation and financial parties, 2) the “alternative market for reverential maintenance and repair” that guaranteed the appropriate supply of materials, products, and skills that differed from the mainstream construction market. For the means of understanding the ethos involved, the study introduced the notion of “factual life-span of buildings”. The overall aim of this article was to contribute to research on heritage urbanism by adding a resource management perspective that focusses on the entanglements of material and matter.

scholarly journals A INFLUÊNCIA DA FORMAÇÃO DOS GESTORES IMOBILIÁRIOS NA CONCEPÇÃO DO PLANEJAMENTO ESTRATÉGICO DAS IMOBILIÁRIAS DOS ESTADOS DO SUL DO BRASIL

e-xacta ◽  
2017 ◽  
Vol 10 (2) ◽  
pp. 27 ◽  
Author(s):  
Letícia Da Costa Alves ◽  
Camila Candida Compagnoni dos Reis ◽  
Matheus Fernando Moro ◽  
Sandrine De Almeida Flores ◽  
Andreas Dittmar Weise
Keyword(s):  
Strategic Planning ◽  
Real Estate ◽  
Planning Process ◽  
Rio Grande ◽  
Daily Routine ◽  
Rio Grande Do Sul ◽  
Santa Catarina ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Agents

<p>O planejamento estratégico pode ser definido como uma técnica gerencial que permite ao gestor diagnosticar tanto ameaças quanto oportunidades, minimizando riscos e maximizando os resultados da empresa. Levando em consideração que o gestor age como um importante moderador no processo de planejamento estratégico, este estudo objetiva identificar se o grau de formação do gestor tem alguma influência no perfil da imobiliária, assim como na concepção do planejamento estratégico da mesma. Para tanto, foram enviados 300 questionários para imobiliárias do Sul do Brasil, gerando uma amostra de 60 imobiliárias, os quais tiveram suas respostas avaliadas por meio de tabelas de contingências, cruzando os dados buscando relações entre as respostas. A partir da realização deste estudo observou-se que as características dos gestores, bem como das imobiliárias pesquisadas no Rio Grande do Sul, Santa Catarina e Paraná, podem estar refletindo na concepção sobre o planejamento estratégico. Foi observado que em termos de características, as imobiliárias que seus gestores têm nível de formação compatível com o cargo que ocupam. Estas características podem estar refletindo nos resultados referentes ao planejamento estratégico, sendo que a maioria das imobiliárias faz uso das premissas básicas para implementação, manutenção e controle do planejamento estratégico dentro da organização. Conclui-se que quanto mais capacitados os gestores, maior é o uso do planejamento estratégico no cotidiano de sua rotina.</p><p> </p><p>ABSTRACT</p>Strategic planning can be defined as a managerial technique that allows the manager to diagnose both threats and opportunities, minimizing risks and maximizing company results. Taking into account that the manager acts as an important moderator in the strategic planning process, this study aims to identify if the degree of manager training has any influence on the real estate profile, as well as in the strategic planning conception of the same. To that end, 300 questionnaires were sent to real estate agents in the South of Brazil, generating a sample of 60 real estate agents, which had their answers evaluated through contingency tables, crossing the data seeking relationships between the answers. From this study, it was observed that the characteristics of the managers, as well as of the real estate surveyed in Rio Grande do Sul, Santa Catarina and Paraná, may be reflecting on the concept of strategic planning. It was observed that in terms of characteristics, the real estate agents that their managers have training level compatible with the position they occupy. These characteristics may be reflected in the results related to strategic planning, with most real estate companies making use of the basic premises for implementing, maintaining and controlling strategic planning within the organization. It is concluded that the more trained the managers, the greater the use of strategic planning in the daily routine.

scholarly journals Teoretyczne i praktyczne aspekty wyceny prawa użytkowania wieczystego gruntu

2018 ◽  
Vol 18(33) (4) ◽  
pp. 323-332
Author(s):  
Elwira Laskowska ◽  
Anna Twardowska
Keyword(s):  
Real Estate ◽  
The Real ◽  
The Real Estate ◽  
The Right

The main purpose of this study is the comparison of the rules in order to specify the appraisal of the land according to the aim of the appraisal connected with the perpetual usufruct. Another purpose is to indicate main problems related to the appraisal of this right. The area of the study covers the rules and the problems of the appraisal of this law for the following aims: establishment of the perpetual usufruct, update the charges for the perpetual usufruct, the transformation the perpetual usufruct into ownership and the secondary sale. The analysis of the source literature and the regulations were applied and the survey was conducted among the persons who are authorized to appraise the real estate in order to achieve the purpose of the study. The obtained results confirm the imperfection of the provisions regulating the appraisal principles related to the right of perpetual usufruct. This results in a different level of value depending on the purpose of the estimation. Also in the property appraisers opinion, the appraisal connected with the perpetual usufruct poses difficulties.

scholarly journals LEGAL ASPECTS OF LAND FORMATION UNDER REAL ESTATE OBJECTS

2021 ◽  
Vol 1 (161) ◽  
pp. 129-133
Author(s):  
S. Nesterenko ◽  
Y. Radzinska ◽  
V. Frolov ◽  
P. Firsov
Keyword(s):  
Real Estate ◽  
Mutual Influence ◽  
Residential Building ◽  
Regulatory Requirements ◽  
The Real ◽  
The Real Estate ◽  
Land Plot ◽  
State Registration ◽  
The Right ◽  
Ownership Of Land

Given the provisions of the existing regulatory framework, contributions and achievements in the development of modern land management, it can be noted that the current outline of legal features of land and real estate, the presence of significant gaps and unresolved issues need to clarify these problems and find effective practical measures. The purpose of the article is to study the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The article examines the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The paper analyzes modern approaches to obtaining the right to land under real estate in Ukraine. The procedure for assigning a cadastral number before the alienation of real estate is determined; schemes of land formation under the real estate object; the procedure for state registration of real estate rights and the grounds for refusal of it and others are determined. The order, principles, requirements and regulatory documents at formation of the ground area under real estate objects are offered. The article considers the peculiarities of assigning a cadastral number to the land plot on which the residential building is located. It is noted that the state registration of land plots is carried out at their location by the relevant state cadastral registrar. It is determined that the acquisition of the right to a person's share in the ownership of a residential building, building or structure under the contract as a result of state registration of rights is a fact of acquisition of real estate. The norms specified in the article establish the general principle of integrity of the real estate object with the land plot on which this object is located. According to these norms, the definition of land rights is directly dependent on the ownership of the building and structure. The provisions developed in the article will increase the efficiency of land use and real estate by defining regulations on their mutual influence.

Right-of-way for Transmission Facilities as Regulation of Legal Relationships Regarding Real Estate between the Real Estate Owner and the Transmission Entity

2017 ◽  
Author(s):  
Anna Przewiezlikowska
Keyword(s):  
World War Ii ◽  
Real Estate ◽  
Legal Status ◽  
Real Property ◽  
The Real ◽  
The Real Estate ◽  
Right Of Way ◽  
Estate Owner ◽  
Construction Permit ◽  
The Right

In Poland, after World War II, most of the technical infrastructure was built based on a construction permit, and without a legal title to a given real property. Therefore, a necessity arose for the regulation of property rights where technical infrastructure was built. For the establishment of the right-of-way for transmission facilities it is essential to regulate the legal relationships between the owner of the real estate and the transmission entity and their entry into the land and mortgage register. The extent of the granted right-of-way determines the value of consideration for the owner of the encumbered property. This study analyzes the rules for the determination, establishment and surveying preparation of the right-of-way for various types of transmission facilities. First a thorough examination of the legal status of the real property was required and then the extent of the necessary right-of-way to be established for the given facilities was analyzed. The next stage of the study involved determining the extent of the rights-of-way and appropriate protective zones for the networks pursuant to the relevant technical guidelines. The analysis revealed significant diversity of legal regulations on the establishment of the right-of-way for the specific types of public utilities.

Whitman, Melville, Crane, and the Labors of American Poetry

2019 ◽  
Author(s):  
Peter Riley
Keyword(s):  
Real Estate ◽  
Herman Melville ◽  
American Poetry ◽  
Hart Crane ◽  
Contingent Labor ◽  
Cultural Logic ◽  
The Real ◽  
The Real Estate ◽  
Economic Paradigm ◽  
The Right

This book confronts an enduring investment in the poetic vocation. It seeks to challenge a dominant cultural logic that frames contingent labor as a sacrifice that frustrates the righteous progress towards realizing that seemingly purest of callings: Poet. Incorporating the often overlooked or excluded workaday ephemera of three canonical U.S. Romantic poets—Walt Whitman, Herman Melville, and Hart Crane—it offers new archival insights that call for a re-examination of celebrated literary careers and questions their status as affirmatory icons of vocation. The poetry of Whitman the real estate dealer, Melville the customs inspector, and Crane the copywriter, does not constitute the formal inscription of a discrete poetic labor struggling against quotidian work towards the fulfilment of an exceptional individual career. Instead, the distracted forms of their poetry are always already intermingled with a variety of apparently lesser labors. Ousting poetic production from any sanctuary of privileged repose or transcendent focus, this book refigures the work of the poet as a living sensuous activity that transgresses labor’s conventional divisions and hierarchies. It consequently recasts the poet as a figure who unfastens and reimagines the “right of passage” vocational logic that does so much to reproduce the current political and economic paradigm.

scholarly journals Regulation of Protection of Agricultural Land and Limitation of Ownership Rights to Real Estate

2020 ◽  
Vol 29 (2) ◽  
pp. 127
Author(s):  
Rafał Michałowski
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Civil Law ◽  
The Real ◽  
The Real Estate ◽  
Positive Duties ◽  
Estate Property ◽  
The Right ◽  
Ownership Rights ◽  
Economic Use

<p>Regulations of the Act on Protection of Agricultural and Forest Land are treated as a limitation of the right of ownership of the real estate. Unlike civil law regulations, in this Act the legislator defines agricultural land as the subject of obligations specified in the Act, treating them in separation from the issue of ownership relationships. Unlike in civil law regulations, apart from the owner, a number of obligations associated with the protection of agricultural land is also imposed on other entities, which make economic use of the real estate property. According to the Act, the owner of real estate property has a number of obligations, such as prohibition to use land for non-agricultural purposes without having obtained a decision to designate the land for non-agricultural purposes and consent for exclusion of land from production. The owner also has other positive duties, such as the duty to prevent land degradation and devastation. These obligations, however, do not shape the subjective right of ownership, but are external to it, although they should be treated as a limitation to this right.</p>

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